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NY L81221




December 30, 2004

CLA-2-62:RR:NC:N3:361 L81221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Ms. Cynthia Tindale
Import Manager
International Intimates, Inc.
180 Madison Avenue, 7th Floor
New York, NY 10016

RE: The tariff classification of a woman’s knit nightdress from Thailand and Vietnam.

Dear Ms. Tindale:

In your letter dated December 7, 2004, you requested a tariff classification ruling for a woman’s knit nightdress. The submitted sample will be returned to you as requested.

Style MAR33978 is a woman’s nightdress constructed from 92% nylon, eight-percent spandex knit mesh fabric. The nightdress reaches mid thigh and has knit openwork shoulder straps with an adjustable section; a v-shaped neckline with knit openwork trim, and a bottom finished with the same trim.

Although you have referred to the garment as a top, it is clearly long enough to be considered a nightdress, therefore classified in heading 6108.

The applicable subheading for style MAR33978 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’snightdresses , knitted or crocheted: Of man-made fibers. The rate of duty will be 16 percent ad valorem.

Style MAR33978 falls within textile category designation 651. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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